CHAPTER 9 - 9-1 INTRODUCTION

• Jurisdiction: United States

9-1 Introduction

There are a variety of defenses that may defeat legal malpractice claims, even where the conduct of the attorney is egregious.¹ Some of these defenses focus on the conduct of the former client, such as contributory or comparative negligence, while others focus on the conduct of the lawyer, such as the litigation privilege. Still other defenses, such as the statute of limitations, arise by operation of the law. Many of these defenses are animated by public policies relating to fostering the attorney client relationship.

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Notes:

^[1] Connecticut Practice Book § 10-50 provides that "[f]acts which are consistent with [the plaintiff's statements of fact] but which show, notwithstanding, that plaintiff has no cause of action, must be specially alleged." Special defenses are different than counterclaims or claims for recoupment. It is not uncommon for former clients to bring malpractice actions as counterclaims in...